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A. A violation by the licensee of any of the provisions of this chapter or any failure to comply with any of the mandatory requirements of this chapter shall be a misdemeanor, punishable by a maximum of six months in the county jail and a $1,000 fine. At the discretion of the enforcing authority, a violation may be charged and prosecuted as an infraction. Alternatively, a violation may subject the licensee to an administrative penalty not to exceed $500.00 for the first violation, and not to exceed $1,000 for a second or subsequent violation within 12 months. Nothing in this section shall prevent the City from taking civil action against a licensee for any violation of or failure to comply with this chapter, including seeking injunctive relief, civil fines and penalties, and reasonable attorney’s fees.

B. Licensees, managers, servers, and security staff workers may be required to attend and complete successfully a subsequent RBS training program after the date of the initial successful completion of an RBS training program, as part of a decision and order of the Planning Commission to revoke, suspend, or modify a conditional use permit.

C. Administering departments will be authorized to charge cost recovery fees for services provided under this chapter. Cost recovery fees may also be recovered for equipment and personnel expenses incurred. All penalties, application fees and related cost recovery fees shall be credited to the responsible beverage service and sales regulation fund. The fund shall be used exclusively, and may be expended without further Council action, for those expenses associated with the administration and enforcement of this chapter.

D. When penalizing a licensee who has violated a condition of approval of its conditional use permit or a performance or operational standard applicable to new or existing alcoholic beverage establishments pursuant to the City of Sebastopol Zoning Code by serving a minor or obviously intoxicated person during a compliance check, the Planning Commission shall consider it a mitigating factor if the licensee has complied with all provisions under this chapter. (Ord. 1104 § 7, 2017)